SB 32 — AN ACT relating to children.

UNOFFICIALCHAPTER COPY132 211 RSCHAPTER 132 ( SB 32/EN32 ) AN ACT relating to children.

If a deviation from equal parenting time is warranted, the court shall construct a parenting time schedule which maximizes the Page 1 of 7 SB003220.100 - 270 - XXXX Engrossed UNOFFICIAL COPY 21 RS SB 32/EN time each parent or de facto custodian has with the child and is consistent with ensuring the child's welfare.

(j) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking Page 2 of 7 SB003220.100 - 270 - XXXX Engrossed UNOFFICIAL COPY 21 RS SB 32/EN custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school;

and (k) The likelihood a party will allow the child frequent, meaningful, and continuing contact with the other parent or de facto custodian, except that the court shall not consider this likelihood if there is a finding that the other parent or de facto custodian engaged in domestic violence and abuse, as defined in KRS Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 403.720, against the party or a child and that a continuing relationship with the other parent will endanger the health or safety of either that party or the child.

(2) If a child charged with a capital offense, Class A felony, or Class B felony, had attained age fourteen (14) at the time of the alleged commission of the offense, the court shall, upon motion of the county attorney made prior to adjudication, and after the county attorney has consulted with the Commonwealth's attorney, that the child be proceeded against as a youthful offender, proceed in accordance with the Page 3 of 7 SB003220.100 - 270 - XXXX Engrossed UNOFFICIAL COPY 21 RS SB 32/EN provisions of KRS 640.010.

(5) If a child previously convicted as a youthful offender under the provisions of KRS Page 4 of 7 SB003220.100 - 270 - XXXX Engrossed UNOFFICIAL COPY 21 RS SB 32/EN Chapter 640 is charged with a felony allegedly committed prior to his eighteenth birthday, the court shall, upon motion of the county attorney made prior to adjudication, and after the county attorney has consulted with the Commonwealth's attorney, that the child be proceeded against as a youthful offender, proceed in accordance with the provisions of KRS 640.010.

CHAPTER 132 3 (1) For children who are alleged to be youthful offenders by falling in the purview of KRS 635.020(2) to[, (3), (5), (6), (7), or] (8), the court shall at arraignment ensure[ assure] that the child's rights as specified in KRS 610.060 have been explained and followed.

(2) (a) In the case of a child alleged to be a youthful offender by falling within the purview of KRS 635.020(2) to[, (3), (5), (6), (7), or] (8), the District Court Page 5 of 7 SB003220.100 - 270 - XXXX Engrossed UNOFFICIAL COPY 21 RS SB 32/EN shall, upon motion by the county attorney to proceed under this chapter, and after the county attorney has consulted with the Commonwealth's attorney, conduct a preliminary hearing to determine if the child should be transferred to Circuit Court as a youthful offender.

Page 6 of 7 SB003220.100 - 270 - XXXX Engrossed UNOFFICIAL COPY 21 RS SB 32/EN (d)[(c)] If, following the completion of the preliminary hearing, the District Court finds, after considering the factors enumerated in paragraph (b) of this subsection, that two (2) or more of the factors specified in paragraph (b) of this subsection are determined to favor transfer, the child may be transferred to Circuit Court, and if the child is transferred the District Court shall issue an order transferring the child as a youthful offender and shall state on the record the reasons for the transfer.

PageSigned 7by ofGovernor 7March SB003220.10025, -2021. 270 - XXXX Engrossed

Legislative Research Commission PDF Version